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Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... Supreme Court may, if necessary, be requisitioned by the government to avoid recurrence of the mistakes committed by officers making/ passing the order of detention. 32. Regard being had to the facts and the submissions of the learned Counsel, specially the fact that the Secretary, Ministry of......also Reported in: 57 DLR (2005) 327. ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....d in the manner as alleged, but they have been falsely implicated in this case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case found the accused-appellant guilty for the offence charged and, ......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge...... After close of the prosecution Witnesses, the accused on dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination, is total ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea...... right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh………………..(26) Cases R..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....he proceeding shall continue as if there has been no repeal of section 47 of the Code of Civil Procedure. A civil proceeding includes execution proceeding as well as appeal also. 8. In the above facts and circumstances and in view of my above discussion, I am of the view that the learned Distri......his Case is also Reported in: 57 DLR (2005) 307. ...... Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sent the appeal on remand to take fresh evidence whether Abdul Aziz was an Indian National or not by the judgment and order dated 16-3â..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....shy;tempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Peti......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......Ed. ......p;……..(7) “Mere relationship of the witnesses inter se or the relationship with the victim do not make them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....nsequently, if a decree in the affirmative is passed in Title Suit No. 50 of 1984 that would not become effective till disposal of Title Suit No. 360 of 1979. In the background of the said undisputed facts the order of the High Court Division sending back the case on remand for trial of Title Suit N......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is......g pending there is absence of cause of when the parties before it never made any such action and, as such, the suit is liable to be dismissed. 5. The Court of first instance on assessment of the evidence on record arrived at the finding that defendant No. 3 was not the Manager of the plaintiff ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... Mohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as t......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....12/114/411/34 of the Penal Code and the informant of the said case is one Md Fazlur Rahman, Inspector of CID City Zone (East) who suo moto lodged the said first information report on the basis of the facts and circumstances and materials on record. He further submits that as many as ......sp; Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Crimina......igation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case&helli..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....e‑empt the case land, the Subordinate Judge did not commit any error of law in directing the applicant‑petitioner to deposit the consideration amount and the compensation thereon in the facts and circum stances of the case. Moreover, the co‑applicant petitioner himself......Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Judgment May 5, 2003. The State Ac......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman CorporaÂtion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....ny other person and the Tribunal has no jurisdiction to direct the Magistrate to file a case under aforesaid section in this manner. The learned Advocate further submits that in view of the aforesaid facts and circumstances of the case the impugned order passed by the Tribunal is liable to be set as......sed persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint on 17‑5‑2001 in the Court of Magistrate (Cognisance Court No.2), Habigonj against Muktar Mia and Maksud Mia of his village under sections 9(4)(Kha)/30 of the NariÂ-O‑Shishu Nirjatan Daman Ai......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... bail bond. Ed. ......peal. The appellant moved the High Court Division in revisional jurisdiction, but did not have desired result. 3. Leave was granted to consider the submissions that although no direct evidence was adduced in support of the allegation of 2nd marriage against the appellant and the evi..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....the meetings to be conducted by a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: ......rim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents Judgment April 22......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....re admittedly submitted and the conviction as upheld by the High Court Division is not sustainable because the same is based on a third case or a new case and at any rate upon a misconception of facts and contrary to the findings of the learned Judge of the High Court Division. 10. Prosecu......l Huq, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. A. H. Amin, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1998. (From the Judgment and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993).......ial witness including the investigating officer and the 2 others (PWs. 3 and 4) were the Persons connected with the implementation of the project. 6. The trial Court on consideration of the evidence on record upon arriving at the finding that the accused persons did not submit the 3rd Mast..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....e house of defendant No.3. Defendant No.3 lives in Dhaka and many things are heard about him including earning of illegal money. The plaintiff filed an application to defendant No.2 stating all these facts, but nothing happened. The cause of action for the suit arose on 31‑12‑2002, when the plai...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....tion. 3. The Civil Appeal No. 444 of 2001 is by the Chairman, Bangladesh Agricultural Development Corporation (BADC), Dhaka. 4. The facts, in short, are that, the writ petitioner‑respondent, Chowdhury Md. Mahfuzul Islam, in Ci...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. C......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
.... grounds: "Dr Kamal Hossain, learned Counsel for the petitioner, submits that the learned company judge erred in failing to appreciate that in the facts and circumstances of the case the Directors had no discretion to refuse to register the tran...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant Vs. Green Delta Insurance Company Ltd. and another .....................Respondents Judgment May 28, 2003. T......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....hat none but the appellants have committed the offence under section 6(3) of the said Ain and the Court of trial below, in our opinion, has rightly believed the prosecution case. Having regard to the facts and circumstances of the case and the evidence adduced by the prosecution we have good reasons......a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md......03. The Evidence Act, 1872 (I of 1872), Section 154 Evidence of a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
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